years. If he acquires it otherwise than by purchase, no zakat is due on it until he sells it and a year has elapsed over the proceeds, reckoned from the day he sold it and received payment, provided that the proceeds reach the zakat threshold, either alone or together with other wealth he possesses.
Ibn al-Qāsim related from him that setting it with gemstones has no effect on its zakat ruling except in one case concerning which his statements differed: when the gold is secondary to the accompanying gemstones. If someone inherits it and a year elapses, he pays zakat on its gold and silver content, estimating this as accurately as possible. No zakat is due on its gemstones until he sells it and a year elapses over their proceeds from the day he receives payment. If he sells the whole piece for a single price, the practical procedure is to apportion that price between the value of the gold or silver in its fashioned form and the value of the gemstones. He then pays zakat on the portion attributable to the gemstones once a year has elapsed over it.
If he purchases it for trade and regularly turns over his stock, he values its gemstones and pays zakat on the weight of its gold and silver, estimating this as accurately as possible; he need not include the value of the workmanship in his assessment. This is the apparent meaning of al-Mudawwana. Abū Ishāq al-Tūnisī, however, held that he must include the value of the workmanship.
If he purchases it for trade but does not regularly turn over his stock, then, once a year has elapsed, he pays zakat on the weight of its gold or silver, estimating this as accurately as possible. No zakat is due on its gemstones until he sells it. Upon selling it, he pays a single year’s zakat on their proceeds, even if several years have elapsed. If he sells the whole piece for a single price, the practical procedure, according to the apparent meaning of al-Mudawwana, is to apportion that price between the value of the gold or silver in its fashioned form and the value of the gemstones, then pay zakat on the portion attributable to the gemstones. According to Abū Ishāq al-Tūnisī’s position, no apportionment is needed: he simply deducts from the price the amount already assessed for zakat by estimation and pays zakat on the remainder. What we have stated is the well-known, established position of Ibn al-Qāsim and his report from Mālik.
In al-Mudawwana, amid the reports of Ibn al-Qāsim, ʿAlī ibn Ziyād, Ibn Nāfiʿ and Ashhab, there is an obscure and ambiguous passage whose wording differs between transmissions. The scholars have differed greatly over its interpretation and explanation. The report reads:
“Ibn al-Qāsim, ʿAlī ibn Ziyād and Ibn Nāfiʿ also related concerning a man who purchases jewelry or inherits it and keeps it for sale, selling whenever he needs to, or for trade; and Ashhab related, along with them, concerning someone who purchases jewelry for trade, when it is set with gemstones and he cannot remove it: no zakat is due on it until he detaches it. If it is not so set, it is treated as gold and silver money: he pays zakat on it every year.”
Some transmissions add “he pays zakat on it” after “selling whenever he needs to, or for trade,” and omit “along with them.” Accordingly, the reading that retains “he pays zakat on it” and omits “along with them” resolves